"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Meaning: Before someone can be charged with a serious federal crime, a grand jury must review the evidence and issue an indictment.
Purpose: Protects against unjust or politically motivated charges.
Exception: Only applies to federal courts, not state courts.
Meaning: A person cannot be tried twice for the same crime once acquitted or convicted.
Key Principles:
Exceptions: Dual sovereignty (federal and state), mistrials.
Meaning: You cannot be forced to testify against yourself in a criminal case ("pleading the Fifth").
Applications: Applies in trials, interrogations, and hearings.
Miranda Rights: This clause is the basis for the Miranda warning.
Meaning: Government must follow fair legal procedures before taking a person’s life, liberty, or property.
Types:
Application: Applies to both federal and state governments.
Meaning: Government may take private property for public use only if just compensation is provided.
Key Elements:
Modern Debate: What qualifies as “public use” (e.g., Kelo v. New London)
| Clause | Main Protection |
|---|---|
| Grand Jury | Protection against unjust federal prosecution |
| Double Jeopardy | Protection against being tried twice for the same offense |
| Self-Incrimination | Right to remain silent and not testify against oneself |
| Due Process | Guarantee of fair legal procedures and protections of fundamental rights |
| Takings (Eminent Domain) | Compensation for government seizure of private property |
The Miranda warning is a constitutional safeguard that police must provide before interrogating someone in custody. It stems from the 1966 U.S. Supreme Court case Miranda v. Arizona.
The Miranda warning is required when a person is both:
You are considered "in custody" when:
Examples of custody:
Not necessarily custody:
You are being "interrogated" when:
Examples of interrogation:
Not interrogation:
If you are not in custody or not being interrogated, police are not required to give a Miranda warning — and your statements may still be used in court.